Neuschmid

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VANNA SISOUNTHONE, No. 2:18-cv-3181 DAD AC P 12 Petitioner, 13 v. ORDER 14 ROBERT NEUSCHMID, WARDEN, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se and in forma pauperis, seeks a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Respondent has moved for dismissal on grounds of non-exhaustion. ECF No. 10. The 21 motion is fully briefed. ECF Nos. 15 (opposition), 16 (reply). For the reasons stated below, it 22 appears to the undersigned that only Claim Two is exhausted. Rather than immediately 23 recommending dismissal of Claims One, Three and Four, the undersigned will provide petitioner 24 with an opportunity to file a motion for a stay pending further exhaustion. 25 I. BACKGROUND AND PROCEDURAL HISTORY 26 A. Trial Court 27 Petitioner was charged in Sacramento County with…